Kriebel v. Worcester Township

Citations

• 253 Pa. 452
• 98 A. 686
• 1916 Pa. LEXIS 870

Syllabus

<p>Negligence — Municipalities—Townships— Boadmasters — Steam rollers — Fires—Contributory negligence — Case for jury.</p> <p>1. A township is liable for the negligence of its agents and employees in the same manner as individuals and other municipalities.</p> <p>2. A roadmaster appointed under Section 6, of the Act of July 22, 1913, ,P. L. 915, providing for the supervision, construction, maintenance and repair of township roads, is an agent of the township for whose acts the township will be liable.</p> <p>3. While the absence of a spark arrester on a steam roller is not of itself evidence of negligence, where it appears that steam rollers are not usually provided with spark arresters, although such engines emit sparks, still the lighting of a fire in the engine of a steam roller in close proximity to a‘building, under certain weather conditions, may amount to negligence, as where there has been no rainfall for a considerable time and a high wind is blowing from the engine in the direction of such building.</p> <p>4. Where in an action against a township to recover damages for the destruction by fire of plaintiff’s barn, it appeared that defendant’s roadmaster had stored a steam roller temporarily upon plaintiff’s premises, near the barn, and had caused the engine to be fired at a time when a strong wind was blowing, whereby sparks blown from the engine caused the fire complained of, and it further appeared that plaintiff did not see the machine when first placed upon her property and although when she noticed its presence she made no objection, yet she was not familiar with the dangers incident to its operation, nor with the intention' of the engineer with regard thereto, the questions of defendant’s negligence and plaintiff’s contributory negligence were for the jury, and a verdict for plaintiff was sustained.</p> <p>5. In such case the defendant cannot escape liability on the ground that the act of the roadmaster in placing the roller on plaintiff’s property wi